International Maritime Trade is as old as the development of human societies by virtue of being the economic lifeblood of any group of people through the conveyance of goods between buyers and sellers across great distances.
In modern commercial activities, the importance of the right regulatory framework cannot be over-emphasized, with different value offerings in the maritime Business sector dependent on some form of regulation, in the case of Nigeria , the Nigerian Ports Authority (NPA) and to a lesser extent, the Nigerian Customs Service (NCS).
This article will be focused on the various available Business licenses and permits in the Nigerian Maritime Sector and their requirements which are as follows :-
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Clearing & Forwarding Agent licenses
A clearing agent is a licensed service provider that ensures documents are arranged and transferred to the relevant regulatory authorities (usually the Nigerian Customs Service) calculates appropriate Customs duties, and ensures that unnecessary delays are eliminated in order to avoid demurrage charges.
A forwarding agent or freight forwarder on the other hand is a licensed service provider that ensures that freight/trade cargo is delivered on behalf of a client/customer to a prescribed destination in good condition.
The requirements for clearing and forwarding agency licensing are :-
- A letter of application to the General Manager, Eastern or Western Ports, Nigerian Ports Authority.
- A Certificate of Incorporation from the Corporate Affairs Commission (CAC) and a MEMART (Memorandum & Articles of Association).
- A Bank Reference.
- A 3-Year Tax Clearance Certificate (TCC).
- Evidence of registration with the Council for the regulation of freight forwarding in Nigeria.
- A registration fee of 200 Thousand Naira to the NPA.
Shipping Company/Agency Licenses
Some opinions define a shipping company or agency is an entity that handles the transactions of a ship in every port that the ship visits or docks as well handling shipment, cargo & general interests of its customers on behalf of ship owners, managers and charterers.
The requirements for licensing as a shipping company/agency in Nigeria are :-
- A letter of Application to the General Manager, Eastern & Western Ports, Nigerian Ports Authority.
- A Certificate of Incorporation from the Corporate Affairs Commission (CAC) & MEMART (Memorandum/Articles of Association).
- A Bank Reference.
- A 3- year Tax Clearance Certificate (TCC).
- A Registration fee of 200 Thousand Naira.
Service Boat Operator Licenses
The requirements for this license category are :-
- A letter of application to the General Manager, Eastern or Western Ports, Nigerian Ports Authority.
- CAC Registration Documents (Certificate of Incorporation & MEMART).
- A copy of a shipping company registration certificate issued by the NPA.
- A 3-year Tax Clearance Certificate (TCC).
- Payment of a registration fee of 200 Thousand Naira.
Shipping Chandler Licenses
A chandler is a retail dealer who specializes in providing supplies or equipment for ships.
The requirements for a chandler license are :-
- A letter of application to the General Manager, Eastern or Western Ports, Nigerian Ports Authority.
- A Certificate of Incorporation and MEMART (Memorandum/Articles of Association).
- A 3-year Tax Clearance Certificate (TCC).
- Approval from the Nigerian Customs Service as evidenced through an executed Form C1.
Bonded Terminal licensing
A bonded terminal is a warehouse or storage area approved by the relevant authorities for the temporary storage of imported goods.
The requirements for bonded terminal licensing are :-
- A letter of application to the General Manager, Eastern or Western Ports, Nigerian Ports Authority.
- A Certificate of Incorporation and MEMART (Memorandum Articles of Association).
- A 3-year Tax Clearance Certificate (TCC).
- A Tax Identification Number
- Proof of an Insurance cover.
Licensing from the Nigerian Ports Authority is usually processed within 6 weeks and is valid for a year until renewal.
How To Obtain a Permit To Construct, Own, Occupy & Operate a Private Jetty in Nigeria
Jetties are basically built structures projecting from land out into water and serving either as breakwaters, walkways, or as a means of constricting channels.
This article will be dealing with the regulatory framework governing the grant of permits to build, own , occupy and operate a jetty as well the requirements needed for the grant of a jetty permit.
Which regulatory agency is in charge of licensing jetties in Nigeria?
Jetty licensing in Nigeria falls under the jurisdiction of the Nigerian Ports Authority (NPA).
What are the requirements needed for a jetty construction permit?
– An application to the NPA in the prescribed form pursuant to the relevant provisions of the piers regulations. This will be submitted alongside the following :-
6 copies of :-
– Architectural drawings
– Structural drawings/details
– Structural design calculation
– Bollards/Dolphins arrangement & load test
– Material schedule
– A geotechnical investigation report on :-
a). location of the pier in relation to the immediate surrounding land and building if any.
b). Evidence of title to land.
c). Evidence of payment of prescribed fees.
d). Certificate of business incorporation.
e). With foreign shareholders, shareholding ratio of the company should be 60% to 40% (Nigerian to foreign).
f). 2 copies of admiralty or NPA chart of the port or approaches where the pier is situated.
g). Survey drawings where necessary.
h). Particulars of intended use of the pier.
i). Submission of an approved Environmental Impact Assessment (EIA) report from the Federal Ministry of Environment.
j). Facilities – fencing and railings, mooring facilities, landing steps, life-saving appliances and lighting on the pier unless exempted at the discretion of the NPA.
– This will be followed by an appraisal of documents by the NPA Standing Committee on private jetties.
– Forwarding of recommendation to the management of NPA for further action.
-The management may forward the recommendations to the presidential committee in private jetties for an approval to construct.
– On receipt or approval from the presidential committee, the NPA will convey this approval to the operator/applicant.
– The NPA will then appoint a project supervisor to oversee the construction.
– On completion, the NPA Standing Committee on private jetties shall inspect the jetty and make recommendations to management for an approval to operate upon the payment of prescribed fees.